Q # 17: Discuss the primary and secondary functions of the court

of law?
1) Introduction
 Court of law has to perform two different kinds of functions which is primary and secondary
functions. Primary function of the court is to the administration of justice. It has to enforce
rights and give punishments to wrong. In addition with rest all functions are also performed by
courts of law , which are known as secondary functions of the court. Court performs four
functions that are establishing standards, maintaining order, resolving disputes and protecting
liberties and rights of the people.

2) Meaning of court
 “A place where justice is administered “

3) Functions of courts of law

Following are the two functions of the court of law

4) Primary functions
The Primary function of court of law is the administration of justice. Details are as under:

1. Administration of Justice
 Administration of justice is a process by which court maintains the rights within political
community by means of physical force of the state

2. Necessity of administration of justice

 In old age, might (Taqatwar) was the sole (Akela) right. Every man was his own judge. A
person wronged would seek revenge by his own hands. To stop this negativity, it
appears necessary that some strong tribunal should hold administration and now day’s
courts are performing this duty. Because without a common power to keep them all in
their limits. it is not possible to live in a society

5) Classification of administration of justice

Administration of justice in divided into two parts:

1) Administration of civil justice

2) Administration of criminal justice

1. Administration of civil justice

 Administration of civil justice deals with in civil proceedings. The purpose of civil justice
is to enforce rights
  Kinds of rights
There are two kinds of rights connected with civil justice.

I. Primary rights
 The Fundamental rights are defined as basic human rights within the society
 Every citizen has the right to enjoy his life with all rights
 These rights universally apply to all citizens, irrespective of race, place of birth, religion,
caste or gender.

II. Secondary rights

 Secondary rights are those rights which come into existence after the violation of
primary rights.
 The right to the compensation of damages by the wrong doer is secondary right
 The right to exact the imposition of penalty on the wrong doer by penal action

 Example
o If A enters into a contract, performing a contract is his primary right. If B
breaches that contract, he is compensated against the loss of contract
which is his secondary right

2. Administration of criminal justice

 Administration of criminal justice is dealt with in the criminal proceedings. The object of
the criminal justice is to punish the wrong doer. From very ancient time, a number of
theories have been given related to giving of punishments which have been divided into
two classes. According to first class, the object of the criminal justice is to protection of
the state and society. According to second class, the purpose of punishment is revenge

i. Aims of criminal justice

Following are the aims of criminal justice.

1) Enforcement of criminal law

2) Protecting society through maintaining law and order
3) Help of the victims
4) Punishment to criminal

6) Secondary functions
 Court are primarily performed the primary functions of the court. But once they
established, they are also perform secondary functions. The secondary functions of the
courts are rapidly increasing with the growth of civilization
 Following are the four major groups which fall in the category of secondary functions of
the court
 1. Actions against the state
 The courts can take judicial notice against the state upon claims made by the citizes. If a
person says that his legal right has been violated by state, and raises an action against
the State, he can file a petition of right in a court of law. The court will investigate the
claim and pronounce (sunaye gi) judgment in accordance with law. But as the courts
perform part of the State itself, no one can compel the court to take action against the
defendant.

2. Declaration of rights
 Another function of the courts is the declaration of the rights of individuals. A petitioner
may require the assistance of a court of law not only for the enforcement of any right
but also for a declaration of right exists

3. Administration of property
 The third secondary function of the court in certain cases, courts of justice start the
management and distribution of the property of deceased person by means of
administration of trust. Examples are the administration of a trust. Bankruptcy of a
bankrupt company by the court etc.

4. Titles of right
 In certain cases, courts are working in order to create, and transfer of rights. Examples
of such functions are decree of divorce, appointment or removal of trustee etc. In such
cases, the judgment of the courts operates not as remedy of the wrong but they
operate for title of right

7) Conclusion
 There is no doubt that the government systems run through the courts of law. Court of law plays
a pivotal role in the administration of justice. Court pronounces the rights and obligation in
accordance with common law rules of the state. Functions of courts which basically are the
decisions and that decision are enforced by rule of law and by law enforce authorities